Duggan v. Missouri Pacific Railway Co.

Citations

• 96 Kan. 249
• 150 P. 557
• 1915 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Motion for New Trial — Filed Too Late — “Unavoidably Prevented.” Except for newly discovered evidence a motion for a new trial must be filed within three days after the rendition of the verdict or decision unless “unavoidably prevented,” and a party who alleges that he did not learn and by due diligence could not have. learned within three days after the verdict of certain misconduct of the jury in the trial of the case upon which he bases an application for a new trial is not unavoidably prevented from filing the motion within the meaning of the statutory limitation.</p> <p>2. Same — Motion of Defendant for Judgment Properly Denied. Upon an examination of the special findings and admitted facts it is held that the defendant was not entitled to have judgment rendered in its favor.</p>